Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11928 of 2023 Arising Out of PS. Case No.-538 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== VISHAL KUMAR SON OF LATE SHIV KUMAR SINGH R/O MOHALLA- SATYANDRA NAGAR BLOCK COLONY, P.S.- AURANGABAD, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Buddha Colony P.S. Case No.538 of 2022 registered for the offences punishable under Section 25(9) of the Arms (Amendment) Act 2019 and 27 of the Arms Act.

As per the prosecution, the informant's car's windshield was hit by a bullet during celebratory firing and a cartridge was recovered from the alleged car.

Patna High Court CR. MISC. No.11928 of 2023(2) dt.14-03-2023 2/2 The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and the main accused Harish Kumar has been granted bail by the Court below itself and against the petitioner there is criminal antecedent of one case and no one sustained any type of injury in the alleged crime and the petitioner has been languishing in jail since 28.11.2022.

Learned APP appearing for the State has opposed the bail prayer.

Considering the above submissions, petitioner's custody period, the nature of allegation and also the fact that the petitioner is not named in the FIR and the named accused has been granted bail by the Court below as submitted by petitioner's counsel and in the alleged firing no one sustained injury, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Buddha Colony P.S. Case No.538 of 2022.

(Shailendra Singh, J) sangam/- U T